Florida has a new law prohibiting the use of drones to intentionally record images of people on private property if a reasonable expectation of privacy exists. The law applies to law enforcement and private individuals, and provides for civil damages and injunctive relief. The law follows Florida's 2013 law requiring that police obtain a warrant to use drones to collect evidence. Many states are considering similar legislation and EPIC's State Policy Project is monitoring bills nationwide. EPIC has also testified in Congress in support of comprehensive drone privacy legislation, argued before the New Mexico Supreme Court in support of the warrant requirement, and sued the FAA for failing to establish drone privacy safeguards.

EPIC has filed extensive comments, urging the Federal Aviation Administration to propose drone privacy safeguards. In 2012, EPIC led a coalition of over 100 experts and organizations in petitioning the FAA to establish privacy protections prior to the deployment of commercial drones in the United States. EPIC stated that, "As a consequence of the FAA’s failure to establish drone privacy rules, millions of Americans now face the possibility of unchecked monitoring and harassment." EPIC has sued the agency for its failure to protect the privacy of Americans.

As the result of a Freedom of Information Act lawsuit, EPIC has obtained severalthousand pages about the blimps deployed by the Army, just north of the nation's capital. The records document the use of "JLENS," as well as the Army's relationship with the contractor Raytheon, which has proposed a video surveillance capability. The Army has disputed the claim that JLENS has surveillance capability. EPIC has recently filed suit against the FAA for failure to establish privacy rules for commercial drones in the US.

Today EPIC filed suit in the federal appeals court in Washington, DC arguing that the Federal Aviation Administration failed to establish privacy rules for commercial drones as mandated by Congress. Congress had required the FAA to develop a "comprehensive plan" for drone deployment. In 2012 EPIC and more than 100 organizations and experts also urged the federal agency to establish privacy protections prior to the deployment of commercial drones in the United States. The FAA denied the EPIC petition, claiming it "did not raise an immediate safety concern." Then last month the FAA announced a rulemaking on commercial drones and purposefully ignored privacy concerns, stating that privacy "issues are beyond the scope of this rule making."

In a prepared statement for a hearing on a bill to limit drone surveillance, EPIC urged Maryland state legislatures to add additional privacy protections. The bill prohibits drone surveillance of "specifically targeted individuals or private property," except where a valid search warrant is obtained or explicit consent is given. EPIC recommended that the bill specifically limit police drone surveillance of First Amendment protected activities, require use and data limitations, and include additional transparency and accountability measures. EPIC previously petitioned the FAA to establish clear privacy guidelines for commercial drones and urged Congress to establish privacy safeguards to limit drone surveillance.

The Federal Aviation Administration announced a public rulemaking for the integration of small commercial drones into the National airspace. The rules will establish safety procedures but will not address privacy concerns. The agency stated that privacy "issues are beyond the scope of this rule making." EPIC and 100+ organizations, experts, and members of the public petitioned the FAA to conduct a public rulemaking on the privacy impact of domestic drone use. Several members of Congress, including Senator Markey and Senator Paul have urged the establishment of privacy laws before surveillance drones are deployed in the United States.

The President has issued a new Executive Order requiring all federal agencies to adopt privacy rules for drone use. The Order is intended to limit the collection and use of personally identifiable information. The rules will also require agencies to adopt transparency and accountability procedures for drone use. The Order incorporates recommendations made by EPIC in testimony to Congress and comments to several federal agencies. The Federal Aviation Administration has also proposed new regulations for commercial drone use in the United States. These rules will establish safety procedures for drone use, including maximum height, weight and line-of-sight operation, but the rules do not address the privacy impact of commercial drone use. EPIC petitioned the FAA to establish clear privacy rules for commercial drone operators.

The FAA has settled a case, Huerta v. Pirker, that challenged the agency's ability to regulate the commercial use of drones. The settlement requires the drone operator to pay a $1,100 fine for violating the FAA regulation. Despite the ban, the agency continues to grant exceptions for commercial drone use. A small drone recently crashed on the White House grounds, raising additional concerns the anticipated deployment of drones in the United States. EPIC has petitioned the FAA to establish clear privacy rules for the operation of commercial drones.

EPIC Senior Counsel Alan Butler will argue before the New Mexico Supreme Court this week in a case concerning police surveillance. EPIC filed an amicus curiae brief in State v. Davis warning of the risk of widespread drone surveillance and arguing that aerial surveillance within the airspace surrounding an individual's home is a search under the Fourth Amendment. EPIC frequently files amicus briefs in federal and state courts on emerging privacy and civil liberties issues.

The DHS Office of Inspector General has released a new report on the drone surveillance program operated on the US border. The Inspector General found that the government "has invested significant funds in a program that has not achieved the expected results, and it cannot demonstrate how much the program has improved border security." The report also found that Customs and Border Protection underestimated the cost of operations. The Inspector General recommends tabling any expansion of the drone surveillance program. In February 2013, EPIC petitioned the agency to suspend the border surveillance program pending the establishment of concrete privacy regulations. The petition followed an EPIC Freedom of Information Act request, which found that border drones carry advanced surveillance equipment that could intercept electronic communications and identify human targets on the ground. For more information, see EPIC: Domestic Drones and EPIC Spotlight on Surveillance: Drones - Eyes in the Sky.

Senator Rockefeller, the outgoing Chair of the Senate Commerce Committee and a leading privacy champion, introduced a bill to require privacy safeguards in the commercial operation of drones. The Unmanned Aircraft Systems Privacy Act of 2014 would prohibit surveillance of individuals by companies unless explicit prior consent is obtained and would require the development of remote identification transmission technologies for drones. The bill would also provide a private right on action against invasions of privacy in violation of the act and grant the FTC additional authority to regulate on commercial drone privacy issues. EPIC previously testified before Congress in support of a drone privacy law. EPIC recommended data use and retention limitations as well as additional transparency and accountability measures for drone operators. For more information, see EPIC Spotlight on Surveillance: Drones - Eyes in the Sky and EPIC: Domestic Drones.

EPIC filed an amicus brief in a New Mexico Supreme Court case considering the warrantless search of private property. State v. Davis concerns law enforcement surveillance in a low-flying helicopter. EPIC argued that warrantless surveillance around a person's home violates both property interests and an individual's reasonable expectation of privacy. EPIC also warned the New Mexico high court that "Drones will enable broader use of aerial surveillance by law enforcement" agencies. EPIC explained that "it will be necessary to establish privacy rights to protect against constant monitoring." EPIC previously testified before Congress in support of a drone privacy law and petitioned the FAA to establish privacy safeguards for drone use. For more information, see EPIC: State v. Davis and EPIC: Domestic Unmanned Aerial Vehicles (UAVs) and Drones.

In a letter to EPIC, the Federal Aviation Administration denied a petition to initiate a public rulemaking to address privacy and civil liberties issues posed by domestic drones. The agency stated it was not required to solicit public comments on the privacy implications of drones because privacy was "not an immediate safety concern." In March 2012, EPIC joined by over 100 other organizations, experts, and members of the public petitioned the FAA to "conduct a notice and comment rulemaking on the impact of privacy and civil liberties related to the use of drones in the United States." The agency published a notice with proposed privacy requirements for drone operators at FAA designated drone test sites. EPIC submitted comments in response to the notice, urging the agency to mandate minimum privacy standards for drone operators. After considering numerous public comments on the privacy impact of aerial drones, the FAA proposed that test site operators develop privacy policies but did not require any specific baseline privacy standards for drone operators. For more information, see EPIC: Domestic Drones and EPIC Spotlight on Surveillance: Drones - Eyes in the Sky.

EPIC's Spotlight on Surveillance Project returns to focus attention on domestic drone surveillance. Congress recently mandated that the Federal Aviation Administration integrate drones into the National Airspace, raising concerns about both safety and privacy. The FAA has begun granting limited exemptions to the current ban on commercial drones. EPIC's Spotlight "Eyes in the Sky" examines the surveillance capabilities of drone technology and recommend comprehensive privacy legislation. EPIC has also testified in Congress in support of drone privacy law, urged the FAA to mandate minimum privacy standards, and pursued several significant FOIA cases. For more information, see EPIC's Spotlight on Surveillance on Drones and EPIC: EPIC v. Army (Surveillance Blimps).

The Federal Aviation Administration granted six exemptions for the commercial use of drones to companies in the film and television industry this week. The agency found that the proposed operation do not “pose a threat to national airspace users or national security.” Safety requirements include: line of site tracking, restrict flights to the “sterile area” on the set, inspection after each flight, and prohibiting operation at night. The agency is currently considering another 40 requests from various commercial entities. Currently, no privacy protections are in place to address the commercial use of drones. EPIC has testified in Congress in support of a comprehensive drone privacy law—calling for use limitations, data retention limitations, transparency, and public accountability. The Federal Aviation Administration to develop drone privacy guidelines after an EPIC-lead coalition petition. EPIC also urged the agency to mandate minimum privacy standards for drone operators. For more information, see EPIC: Domestic Drones.

According to reports, President Obama is set to issue an executive order on drone privacy. The order would call for the development of voluntary best practices for the commercial use of drones. Senator Markey and Representative Welch immediately responded to the reports with a letter to the President urging "strong, enforceable rules - not voluntary best practices...." EPIC has testified in Congress in support of a comprehensive drone privacy law. EPIC called for drone legislation to include use limitations, data retention limitations, transparency, and public accountability. The Federal Aviation Administration agreed to address drone privacy issues after an EPIC-led coalition petitioned the agency two years ago. Last year, EPIC urged the agency to mandate minimum privacy standards for drone operators. For more information, see EPIC: Domestic Drones.

The Federal Aviation Administration released a proposed Special Rule for Model Aircraft which will prohibit the use of drones for the delivery of packages and other commercial services. At the end of last year, Amazon had raised the prospect of delivering packages via drones. The agency has requested comments on the proposal. A recent Washington Post series highlighted numerous close encounters between commercial aircraft and small drones, as well as many incidents were drones fell from the sky. The National Park Service has prohibited the use of drones in national parks, citing safety concerns. Last year, EPIC urged the Federal Aviation Administration to mandate minimum privacy standards for drone operators. For more information, see EPIC: Domestic Drones.

The Court of Appeals for the Second Circuit today made public the legal analysis justifying the Administration's controversial "targeted killing" drone program. The action follows an earlier ruling by the federal appeals court in New York Times v. Department of Justice. The government had argued that this memo could not be disclosed under the Freedom of Information Act because it was a privileged "deliberative" document. But the plaintiffs explained that the government relied on the analysis to defend the program and that it operated as secret law. EPIC filed an amicus brief, supported by seven open government organization, arguing that under the FOIA such a legal opinion by the Justice Department cannot be a deliberative documents. The federal appeals court agreed, and has now released the opinion to the public. Last week, in EPIC v. NSA the Department of Justice released to EPIC NSPD-54, the President Directive concerning cybersecurity. For more information, see EPIC: New York Times v. DOJ and EPIC v. DOJ - Warrantless Wiretapping Program.

Over a dozen news media organizations filed an amicus brief opposing the Federal Aviation Administration's ban on commercial drones. The ban was suspended earlier this year by an administrative judge. The news organizations argue that the ban violates the media’s First Amendment right of the press, however the rule concerns public safety not the content of speech or the identity of the speaker. EPIC, joined by over 100 organizations, previously petitioned the Federal Administration Agency to address the privacy issues raised by drones and the Agency agreed to do so. In response to a request for public comments last year, EPIC urged the Federal Aviation Administration to mandate minimum privacy standards for drone operators. For more information, see EPIC: Domestic Drones.

A national survey conducted by Pew Research Center and Smithsonian Magazine find the American public optimistic about revolutions in health science and transportation, and concerned about technologies of surveillance. According to the survey, 63% of Americans think it would be a change for the worse if "personal and commercial drones are given permission to fly through most U.S. airspace," while 22% think it would be a change for the better. And 65% expressed concern about increased dependence on robots. Similarly, 53% of Americans think it would be a change for the worse if most people wear implants or other devices that constantly show them information about the world around them. Women are especially wary of a future in which these devices are widespread. Google Glass, an example of such technology, has come under scrutiny from Data Protection authorities as well as Congress. EPIC, joined by 100 other organizations and experts, petitioned the Federal Aviation Administration to address public concerns about privacy and drones. For more information, see EPIC: Google Glass and Privacy and EPIC: Domestic Drones.

A federal judge has ruled that commercial drones are legal, stating that the Federal Aviation Administration has not issued an enforceable regulatory rule that governs commercial drone operation. The FAA plans to appeal the decision. In 2012, Congress told the Agency to implement a plan to integrate drones into the National Airspace by 2015. Shortly after, EPIC joined by over 100 other organizations, experts, and members of the public petitioned the FAA to address privacy as part of the integration. As a result, the Agency published a notice with proposed privacy requirements for drone operators. EPIC submitted comments in response to the notice, urging the Agency to mandate minimum privacy standards for drone operators. After considering numerous public comments on the privacy impact of aerial drones, the FAA proposed a regulation that requires test site operators to develop privacy policies but does not require any specific baseline privacy protections. Several states have passed drone privacy laws and bills are also pending in Congress. For more information, see EPIC: Domestic Drones.

A new Department of Defense report "Unmanned Systems Integrated Roadmap" sets out "a technological vision for the next 25 years" of drone deployment. The DOD report suggests that budgets cuts are increasing the need for autonomous drones with onboard intelligence. One documentary describes the role of the the Department of Defense developing sophisticated surveillance technologies. The new DOD report states that surveillance is one of the primary purposes for pursuing drone technology, particularly for "surveillance missions that involve prolonged observation." An EPIC FOIA request revealed that domestic drones deployed by the Department of Homeland Security can be deployed with the ability to intercept electronic communications and to recognize individuals on the ground. EPIC has recommended privacy safeguards to limit drone surveillance in the United States. For more information, see EPIC: Domestic Unmanned Aerial Vehicles and Drones.

In a press release, the Federal Aviation Administration announced the "roadmap" for the integration of drones into domestic airspace. After considering numerous public comments on the privacy impact of aerial drones, the FAA proposed a regulation that requires test site operators to develop privacy policies but does not require any specific baseline privacy protections. The FAA rulemaking came about in response to an extensive petition submitted by EPIC, broadly supported by civil liberties organizations and the general public. EPIC urged the agency to require adherence to the Fair Information Practices, disclosure of data collection and minimization practices, and independent audits. For more information, see EPIC: Domestic Unmanned Aerial Vehicles (UAVs) and Drones.

The Federal Aviation Administration has responded to an EPIC FOIA Request seeking documents related to applications to fly drones domestically. The FAA provided a list of nearly 200 entities within the Department of Defense, the Department of Homeland Security, the Department of Justice, and state and federal law enforcement agencies. The FAA further responded to EPIC's request for information by making the drone licenses, or "certificates," available on a public portal. EPIC has called on the FAA to maintain a searchable database of all drone operators as the Agency seeks to expand domestic drone use. For more information see EPIC: Domestic Unmanned Aerial Vehicles (UAVs) and Drones.

Senator Rand Paul issued a letter to FBI Director Robert Mueller seeking answers about the FBI's domestic use of drones. In a Senate Judiciary Committee hearing on FBI oversight, Director Mueller admitted that the FBI uses drones for domestic surveillance. Mueller also stated there were no guidelines in place to regulate the FBIs use of drones and protect the privacy of Americans. EPIC petitioned the Federal Aviation Administration last year to conduct a public rulemaking to address the threat to privacy and civil liberties the domestic use of drones pose. EPIC also petitioned the Bureau of Customs and Border Protection this year to establish privacy regulations for its use of drones. For more information, see EPIC: Domestic Unmanned Aerial Vehicles (UAVs) and Drones.

The Senate Judiciary Committee has approved an Amendment to the immigration bill to limit the range of drones surveillance in the United States. The immigration bill grants the Bureau of Customs and Border Protection authority to operate surveillance drones continuously within the border region. Senator Dianne Feinstein's (D-CA) Amendment reduces the patrol area of surveillance drones from 100 miles around the border to 25 miles. More than two-thirds of the US population lives within 100 miles of the border. In February 2013, EPIC petitioned the Bureau of Customs and Border Protection to suspend the border drone surveillance program pending the establishment of concrete privacy regulations. The petition followed the production of documents to EPIC under the Freedom of Information Act demonstrating that the border drones had the ability to intercept electronic communications and identify human targets. For more information, see EPIC: Domestic Unmanned Aerial Vehicles (UAVs) and Drones.

EPIC has submitted comments to the Federal Aviation Administration, urging the agency to mandate minimum privacy standards for drone operators. In 2012, Congress told the Agency to implement a comprehensive plan to integrate drones into the National Airspace. Shortly after, EPIC, joined by over 100 other organizations, experts, and members of the public, petitioned the agency to address privacy in the integration process. EPIC's petition noted, "drones greatly increase the capacity for domestic surveillance." In February 2013, the Agency responded to EPIC's petition, announcing it would "address [privacy issues] through engagement and collaboration with the public." As a result, the FAA published a Notice with proposed privacy requirements for drone operators. EPIC recommended that the FAA mandate the proposed privacy standards, which are based on Fair Information Practices, and maintain a public database of all drone operators. For more information, see EPIC: Domestic Unmanned Aerial Vehicles and Drones.

EPIC, joined by thirty organizations and more than a thousand individuals, has petitioned the Bureau of Customs and Border Protection to suspend the domestic drone surveillance program, pending the establishment of concrete privacy regulations. The petition states that "the use of drones for border surveillance presents substantial privacy and civil liberties concerns for millions of Americans across the country." The petition follows the revelation that the drones deployed by the federal agency are equipped with technology for signals interception and human identification. For more information, see EPIC: Domestic Unmanned Aerial Vehicles (UAVs) and Drones.

EPIC, joined by thirty organizations and more than a thousand individuals, has petitioned the Bureau of Customs and Border Protection to suspend the domestic drone surveillance program, pending the establishment of concrete privacy regulations. The petition states that "the use of drones for border surveillance presents substantial privacy and civil liberties concerns for millions of Americans across the country." The petition follows the revelation that the drones deployed by the federal agency are equipped with technology for signals interception and human identification. For more inform at ion, see EPIC: Domestic Unmanned Aerial Vehicles (UAVs) and Drones.

At a Senate Judiciary Committee hearing on "the Future of Drones in America," EPIC Domestic Surveillance Project Director Amie Stepanovich testified in support of new privacy safeguards prior to the deployment of drones in the United States. Also testifying at the hearing were Professor Ryan Calo, and representatives of law enforcement and the drone industry. The hearing was well attended and Senators across the committee expressed support for the development of new privacy legislation. Documents obtained by EPIC under the Freedom of Information Act indicate that the federal government has deployed domestic drones with the ability to intercept electronic communication and to identity human targets. In response to the revelations, EPIC has petitioned the Bureau of Customs and Border Protection, demanding the suspension of the drone program pending the development of privacy regulations. For more information, see EPIC: Domestic Unmanned Aerial Vehicles (UAVs) and Drones.

Congressman Markey has introduced the "Drone Aircraft Privacy and Transparency Act of 2013." The Bill sets out comprehensive transparency requirements for drone operators to protect privacy from unregulated drone surveillance. Under the terms of the bill, drone operators would be required to submit a detailed data collection and data minimization statement prior to obtaining a license to operate drones in the United States. The bill also states that surveillance by law enforcement agencies will require a warrant or extreme exigent circumstances.Congressman Markey said that privacy legislation is necessary to "prevent flying robots from becoming spying robots." For more information, see EPIC: Domestic Unmanned Aerial Vehicles (UAVs) and Drones.

Amie Stepanovich, the Director of EPIC's Domestic Surveillance Project, will testify this week before the Senate Judiciary Committee on "the Future of Drones in America." The hearing will feature expert testimony from EPIC Advisory Board member Professor Ryan Calo. Documents recently obtained by EPIC under the Freedom of Information Act indicate that the Bureau of Customs and Border Protection has deployed drones in the United States with the ability to intercept electronic communication and to identity human targets. As a consequence, EPIC has launched a petition urging the agency to suspend the drone program pending the establishment of comprehensive privacy regulations. Following a similar petition from EPIC, the FAA recently agreed to establish privacy rules for drone deployment. For more information, see EPIC: Domestic Unmanned Aerial Vehicles and Drones.

EPIC has published a petition to the Bureau of Customs and Border Protection, demanding the suspension of the drone program pending the development of privacy regulations for the use of drones in US airspace. Documents recently obtained by EPIC under the Freedom of Information Act indicate that the drones are equipped with technology for signals interception and human identification. The agency currently operates ten Predator B drones along the border region, an area that encompasses more than two-thirds of the U.S. population. EPIC is urging individuals and organizations to Sign the Petition before March 18. Under federal law, the agency is required to respond to public petitions. For more information see EPIC: Domestic Unmanned Aerial Vehicles (UAVs) and Drones and EPIC: Drone Petition to Customs and Border Protection.

New records obtained by EPIC under the Freedom of Information Act indicate that the Bureau of Customs and Border Protection is operating drones in the United States capable of intercepting electronic communications. The records also suggest that the ten Predator B drones operated by the agency have the capacity to recognize and identify a person on the ground. Approximately, 2/3 of the US population is subject to surveillance by the CBP drones. The documents were provided in response to a request from EPIC for information about the Bureau's use of drones across the country. The agency has made the Predator drones available to other federal, state, and local agencies. The records obtained by EPIC raise questions abut the agency's compliance with federal privacy laws and the scope of domestic surveillance. For more information, see EPIC: Domestic Unmanned Aerial Vehicles (UAVs) and Drones.

The Department of Homeland Security has released a previously internal memo regarding the establishment of a working group to "Safeguard Privacy, Civil Rights, and Civil Liberties in the Department's Use and Support of Unmanned Aerial Systems" (drones). The memo states, "[t]he overarching goal of the working group is to determine what policies and procedures are needed to ensure that protections for privacy, civil rights, and civil liberties are designed into DHS and DHS-funded [drone] programs." DHS has developed a program to explore the expansive use of small drones for law enforcement. Customs and Border Protection currently operates 10 Predator B drones in the United States. In testimony before Congress in July 2012, EPIC said that federal agencies operating drones should adopt privacy regulations. For more information, see EPIC: Domestic Unmanned Aerial Vehicles (UAVs) and Drones.

Congressman Poe (R-TX) and Congresswoman Zoe Lofgren (D-CA) have introduced the "Preserving American Privacy Act of 2013," targeted at providing individual privacy protections in regard to drone surveillance. The bill would require all drone operators to submit a public data collection statement that includes a description of the drone's purpose and intended operations. The bill also would require a warrant in order for drone surveillance information to be received as evidence and includes a ban on equipping drones with firearms. EPIC has twice (1, 2) asked Congress to protect individual privacy against increased use of domestic drones. EPIC, joined by over 100 organizations, experts, and members of the public, petitioned the FAA to establish privacy safeguards. For more information, see EPIC: Unmanned Aerial Vehicles (UAVs) and Drones.

In response to an extensive petition submitted by EPIC, the Federal Aviation Administration (FAA) has announced it will begin a public rulemaking on the privacy impact of aerial drones. The EPIC petition, joined by over 100 organizations, experts, and members of the public, urged the FAA to develop privacy standards for drone operators. In a letter to EPIC President Marc Rotenberg, the FAA Chief Counsel stated, "the FAA recognizes that increasing the use of [drones] raises privacy concerns. The agency intends to address these issues through engagement and collaboration with the public." The FAA's announcement comes exactly one year after President Obama signed the FAA Modernization and Reform Act of 2012, which directed the FAA to loosen restrictions on government and commercial drone flights in the United States. For more information, see EPIC: Domestic Unmanned Aerial Vehicles (UAVs) and Drones.

Oregon became the most recent state to consider limits on the deployment of drones in the United States. A new bill sets out licensing requirements for drone use in Oregon and would fine those who use unlicensed drone to conduct surveillance. New limitations are also proposed for federal evidence collected by drone use in a state court. Florida, North Dakota, and Missouri are among the other states that are also considering laws that limit drone use within their jurisdiction. For more information, see EPIC: Domestic Unmanned Aerial Vehicles (UAVs) and Drones.

A new report[ from the Congressional Research Service -- "Integration of Drones into Domestic Airspace: Selected Legal Issues" -- states that "perhaps the most contentious issue concerning the introduction of drones into U.S. airspace is the threat that this technology will be used to spy on American citizens." Last year, EPIC warned Congress that "there are substantial legal and constitutional issues involved in the deployment of aerial drones by federal agencies." EPIC, joined by over 100 organizations, experts, and members of the public, has petitioned the Federal Aviation Administration to begin a rule making to establish privacy safeguards. For more information, see EPIC: Unmanned Aerial Vehicles (UAVs) and Drones.

On January 15, 2013 EPIC hosted "Drones and Domestic Surveillance," at the National Press Club in Washington, DC. The symposium brought together experts in law, technology, and public policy to discuss the expanding use of unmanned vehicles in the United States. The event featured Representative Ted Poe (R-TX) as the keynote speaker and was moderated by EPIC's Executive Director, Marc Rotenberg. Congressman Poe announced his plans to introduce a bill in 2013, co-sponsored by Congresswoman Zoe Lofgren (D-CA) to protect privacy against increased drone use. Panelists at the event included technologist Bruce Schneier, privacy scholars Laura Donohue and Orin Kerr, CATO fellow Julian Sanchez, EPIC's Amie Stepanovich, and Gretchen West of AUVSI. EPIC, and a coalition of experts and organizations, have petitioned the Federal Aviation Administration to develop privacy regulations for drone use. For more information, see EPIC: Drones and Domestic Surveillance and EPIC: Domestic Unmanned Aerial Vehicles (UAVs) and Drones.

Representative Ed Markey (D-MA) has introduced the Drone Aircraft Privacy and Transparency Act. The bill calls for the Federal Aviation Administration to complete a report on the privacy implications of domestic drone use. In addition, the bill will require drone operators to submit a data collection and data minimization statement concerning the collection of personally identifiable information. EPIC has twice (1, 2) asked Congress to protect individual privacy against increased use of domestic drones. EPIC, joined by over 100 organizations, experts, and members of the public, petitioned the FAA to establish privacy safeguards. For more information, see EPIC: Unmanned Aerial Vehicles (UAVs) and Drones.

Aviation groups have asked the Federal Aviation Administration to ignore the privacy implications of increased drone use in the United States. The letter follows the FAA statement that domestic drones “raises privacy issues [that] will need to be addressed.” Earlier this year, EPIC warned Congress, "there are substantial legal and constitutional issues involved in the deployment of aerial drones by federal agencies." EPIC, joined by over 100 organizations, experts, and members of the public, has petitioned the FAA to to establish privacy safeguards. For more information, see EPIC: Unmanned Aerial Vehicles (UAVs) and Drones.

A new report from the Government Accountability Office outlines the risks of increased domestic drone use -- "Unmanned Aircraft Systems" -- following adoption of a recent law. The GAO report -- "Measuring Progress and Addressing Potential Privacy Concerns Would Facilitate Integration into the National Airspace System" -- notes widespread concern about privacy. The GAO report found that privacy "concerns include the potential for increased amounts of government surveillance using technologies placed on UAS, the collection and use of such data, and potential violations of constitutional Fourth Amendment protections against unreasonable search and seizures." The report also notes that "non-military unmanned aircraft system GPS signals are unencrypted, risking potential interruption of command and control . . .." Earlier this year, EPIC warned Congress that "there are substantial legal and constitutional issues involved in the deployment of aerial drones by federal agencies." EPIC, joined by over 100 organizations, experts, and members of the public, has petitioned the FAA to begin a rule making to establish privacy safeguards. For more information, see EPIC: Unmanned Aerial Vehicles (UAVs) and Drones.

"Drones in Domestic Surveillance Operations," a new report from the the Congressional Research Service, examines current law, the Fourth Amendment, and recently introduced legislation. The CRS finds that "the prospect of drone use inside the United States raises far-reaching issues concerning the extent of government surveillance authority, the value of privacy in the digital age, and the role of Congress in reconciling these issues." In testimony before a House Subcommittee earlier this year, EPIC's Amie Stepanovich stated, "there are substantial legal and constitutional issues involved in the deployment of aerial drones by federal agencies that need to be addressed." EPIC recommended that the FAA develop privacy rules, that DHS conduct a privacy assessment, and that Congress establish new privacy safeguards. EPIC, joined by over 100 organizations, experts, and members of the public, has also petitioned the FAA to begin a rulemaking on the privacy impact of drone use. For more information, see EPIC: Unmanned Aerial Vehicles (UAVs) and Drones.

The 2012 Republican Party Platform advocates Fourth Amendment limits on government drones. “We support pending legislation to prevent unwarranted or unreasonable governmental intrusion through the use of aerial surveillance or flyovers on U.S. soil, with the exception of patrolling our national borders.” Senator Rand Paul (R-KY) and Representative Austin Scott (R-GA), introduced legislation earlier this year to limit aerial drone surveillance. In March, the House approved an amendment to the National Defense Authorization Act of 2013, introduced by Representative Landry (R-LA), that prohibits information collected without a warrant by drones operated by the Department of Defense from being used in court. Congressman Ed Markey (D-MA) has also proposedcomprehensive legislation for drones. For more information, see EPIC: Unmanned Aerial Vehicles (UAVs) and Drones.

Representative Ed Markey (D-MA) has announced a bill aimed at protecting individual privacy from drone surveillance. Rep. Markey said, "When it comes to privacy protections for the American people, drones are flying blind." The draft bill requires the FAA to establish privacy safeguards for drone operators and creates new limits on data collection by law enforcement agencies. Earlier this year, EPIC, joined by over 100 organizations, experts, and members of the public, petitioned FAA to begin a rulemaking on the privacy impact of drone use. For more information, see EPIC: Unmanned Aerial Vehicles (UAVs) and Drones.

Today's House Homeland Security Oversight Subcommittee hearing, "Using Unmanned Aerial Systems Within the Homeland: Security Game Changer?” examined federal use of drones in the United States. University of Texas Professor Todd Humphreys testified about how he gained full flight control of a drone operated by someone else. On the second panel, EPIC's Amie Stepanovich testified on the privacy implications of domestic drone use, alongside Gerald Dillingham and Chief Deputy William McDaniel. In February, EPIC, joined by over 100 organizations, experts, and members of the public, petitioned FAA to begin a rulemaking on the privacy impact of drone use. The Agency has not yet responded the EPIC Petition or addressed privacy concerns. EPIC recommended that the FAA develop privacy rules, that DHS conduct a privacy assessment, and that Congress establish new privacy safeguards. For more information, see EPIC: Unmanned Aerial Vehicles (UAVs) and Drones.

The Association for Unmanned Vehicle Systems International, the organization representing drone manufacturers and operators, has released an Industry "Code of Conduct". Compliance with the guidelines is both voluntary and not enforceable. The association acknowledges that invasive drone surveillance technology poses a risk to the public, and specifically tasked users to "respect the privacy of individuals." In February, EPIC, joined by over 100 organizations, experts, and members of the public, submitted a petition to the FAA requesting a public rulemaking on the privacy impact of drone use in U.S. airspace. The Agency has not yet responded or addressed these concerns. For more information, see EPIC: Unmanned Aerial Vehicles (UAVs) and Drones.

Senator Charles Schumer (D-NY) has sent a letter to Apple and Google after the companies announced high-definition, 3-D aerial mapping products. Apple’s Flyover displays detailed images of metropolitan areas, while Google will collect 3-D images for its mapping service. Neither company has indicated if aerial drones will be used to collect imagery. Senator Schumer expressed concern about the privacy implications of the new services. He asked the companies to provide advanced notification when the aerial surveillance was to occur, allow individuals to opt-out of having their property displayed, and ensure blurring of individuals and sensitive infrastructure. The full-scope of Apple and Google's aerial surveillance program is not known. In 2010, it was revealed that Google’s "Street View" vehicles were also collecting vast amounts of personal communications from private wi-fi networks. For more information, see EPIC: Investigations of Google Street View and EPIC: Unmanned Aerial Vehicles and Drones.

A new Report highlights problems with the drone program operated by Bureau of Customs and Border Protection. The Bureau has purchased 10 drones, costing approximately $18 million each, and has expended an additional $55.3 million for maintenance and operations. But according to the Office of Inspector General, the Bureau "needs to improve planning of its unmanned aircraft systems program to address its level of operation, program funding, and resource requirements, along with stakeholder needs." Also, despite the Bureau’s limited mission to safeguard the borders, the Bureau often flies missions for the FBI, the DOD, NOAA, local law enforcement, and other agencies. This practice made headlines last year when police in North Dakota used a Bureau drone to arrest a U.S. citizen. This week Sen. Rand Paul (R-KY) and Rep. Austin Scott (R-GA) introduced bills in the Senate and the House to limit the use of drones for surveillance in the United States.. For more information, see EPIC: Unmanned Aerial Vehicles (UAVs) and Drones.

The House of Representatives has approved an amendment, introduced by Congressman Landry (R-LA), to the National Defense Authorization Act to prohibit information collected by Department of Defense drones without a warrant from being used as evidence in court. New legislation requires the Federal Aviation Administration to develop rules governing the operation of drones in the U.S. National Airspace. Shortly after passage, EPIC, joined by over 100 organizations, experts, and members of the public, submitted a petition to the FAA requesting a public rulemaking on the privacy impact of drone use in US airspace. The petition is still pending with the agency. For more information, see EPIC: Unmanned Aerial Vehicles (UAVs) and Drones.

The Federal Aviation Administration has announced new procedures for government agencies that operate drones in the United States. The procedures will streamline the process through which government agencies, including local law enforcement, receive drone licenses. However, the FAA has so far failed to establish privacy safeguards for drone use. On February 24, 2012, EPIC, joined by over 100 organizations, experts, and members of the public, submitted a petition to the FAA requesting a public rulemaking on the privacy impact of drone use in US airspace. For more information, see EPIC: Unmanned Aerial Vehicles (UAVs) and Drones.

In comments to the Federal Aviation Administration (FAA), EPIC emphasized the need for transparency and accountability in drone operations, and recommended the development of privacy protections before drones are more widely deployed in the US. The FAA Notice of Proposed Rulemaking set out proposed criteria for drone testing. Congress has tasked the FAA with facilitating the use of drones in the domestic airspace. February, EPIC, joined by a coalition of more than 100 organizations, experts, and members of the public, petitioned the FAA to conduct a rulemaking on the privacy implications of domestic drone use. For more information, see EPIC: Unmanned Aerial Vehicles (UAVs) and Drones.

Congressman Markey (D-Mass) and Congressman Barton (R-TX) sent a letter to the Federal Aviation Administration (FAA), raising concerns about the increased use of drones in the United States. The Congressmen noted, "there is...potential for drone technology to enable invasive and pervasive surveillance without adequate privacy protections." The letter called on the FAA's Acting Administrator to supply key information about the drone program, including plans to ensure that the drone licensing process includes privacy protections and public transparency. In February, EPIC, joined by a coalition of more than 100 organizations, experts, and members of the public, petitioned the FAA to conduct a rulemaking on the privacy implications of domestic drone use. For more information, see EPIC: Unmanned Aerial Vehicles (UAVs) and Drones.

EPIC, joined by more than 100 organizations, experts, and members of the public, has sent a petition to the Federal Aviation Administration, urging the agency to address the privacy threats associated with the increased use of drones in the United States. Congress recently passed legislation requiring the Agency to assess the safety of drones used by commercial and government operators. The petition asserts that "The privacy threat posed by the deployment of drone aircraft in the United States is great. The public should be given the opportunity to comment on this development." For more information, see EPIC: Unmanned Aerial Vehicles (UAVs) and Drones.

The Federal Aviation Administration is about to begin a public rulemaking on public safety related to drone use. EPIC would like the FAA to also undertake a rulemaking on privacy. The use of drones in US airspace poses a real threat to important privacy interests, and the Agency has the authority to regulate the use of drones. If you would like to sign EPIC's petition, please send an e-mail with the subject line "I support the EPIC Drone Privacy Petition to the FAA," your full name, and email address or twitter handle to drones@epic.org. Your name will be added as a signatory. All emails must be received by midnight on Friday, February 24, 2012. For more information, see EPIC: Unmanned Aerial Vehicles (UAVs) and Drones.

In the Re-Authorization Bill for the Federal Aviation Administration, Congress has required the agency to develop rules governing the operation of drones within U.S. National Airspace. Currently, the only barriers to operation of unmanned aircraft are procedural requirements that oblige drone operators to obtain operation certificates. The FAA Modernization and Reform Act of 2012 requires the agency to conduct a public rule-making that will assess public safety concerns, licensing requirements, flight standards, and air traffic requirements. The FAA Secretary will also undertake safety studies and develop standards for "Safe Operation" in US airspace. However, the legislation does not consider the need to assess the privacy risks of the deployment of drones in US airspace. For more information, see EPIC: Unmanned Aerial Vehicles (UAVs) and Drones.

Background

A "drone," or "unmanned aircraft," is an aerial vehicle designed to be used without a human pilot onboard. Drones can be remote controlled or purely automated. The history of Drones shows peaks and valleys in their development, with most advances occurring during times of war. Drones gained notoriety during their use in the post-9/11 armed conflicts in the Middle East. The United States government use drones to conduct detailed surveillance on countries such as Afghanistan, Iraq, and Iran, as well as to drop targeted missiles. In early 2007, more than 700 drones were being utilized in Iraq alone.

Due to the heights at which drones can fly, they are often beyond the range of sight for most people. In addition, drones can also be designed to be very small and maneuverable. This means drone surveillance often occurs without the knowledge of the individual being monitored.

Aeriel surveillance of drones within the United States raises significant privacy issues. These vehicles can gather detailed information on individuals.

Requirements to Operate a Drone Domestically

In the United States, the Federal Aviation Administration (FAA), a component of the Department of Trasnportation, is the agency responsible with licensing drones for domestic use. The FAA is charged with promulgating minimum standards for air safety in the United States National Air Space.

On September 16, 2005, the FAA issued guidelines on the domestic use of drones. The FAA then released a policy document concerning the operation of drone aircraft on February 13, 2007. Between the two documents, the requirements to institute the use of drone aircraft in the United States are made clear. These requirements were further elaborated on in a fact sheet on December 1, 2010.

The current requirements for a drone to be operated in U.S. are largely perfunctory, and focus mainly on the safety of the aircraft itself. Before a drone can be deployed in the United States, the drone must prove to be airworthy, and be granted either an FAA certification or (for drones operated by the government only) an airworthiness statement from the Department of Defense. Recreational operators of unmanned aircraft (used under 400 feet) are not required to comply with this requirement, though they are held to a standard of "good judgment."

For now, commercial drones may only be used under an "experimental" designation, which is accompanied by operational limitations. Government drones may operate more freely, though the government must obtain a Certificate of Waiver or Authorization (COA) in order to operate a drone aircraft. The guidelines provide that an application for a COA "must include a hazard analysis, risk assessment, and other appropriate documentation that support the determination that injury to persons or property is extremely improbable."

The FAA is currently evaluating test sites in the United States to evaluate the safety impact of widespread drone deployment.

Drones in the United States

Since 2005, the FAA has issued 78 certificates to commercial drones. The FAA has had to increase staffing in order to keep up with the mounting demand for government licenses. In late 2010, there were 273 active government licenses, nearly 100 more than the previous year. Reports in 2012 demonstrate that the FAA has issued more than 300 drone licenses. Only minimal information has been released on the nature and function of these drones.

Many law enforcement offices in the United States have purchased drones, including Montgomery, Texas, Seattle, Washington, and Gadsden, Alabama. The Governor of Virginia said in 2012 that he thought it would be "great" to have drones flying over his State. The Miami-Dade Police Department in Florida used Federal grant money to purchase a small drone vehicle. Reports dating back to 2008 explain that Miami was seeking to use a small drone known as a Micro-Air Vehicle, "to gather real time information in situations which may be too dangerous for officers." However, police have admitted that the drone can be used to look into houses. As of December 2010, the FAA was reporting that they were cooperating with urban police departments in Houston and Miami on test programs involving unmanned aircraft. One drone manufacturer advertises on its webpage that police offices that want to own a drone should seek funding from the Department of Homeland Security.

Some of these government licenses belong to the Bureau of Customs and Border Protection (CBP). CBP is a component of the Department of Homeland Security and has a mission that includes "keeping terrorists and weapons out of the United States." Drones have been used by CBP to patrol of United States borders since 2005. As of June 2012, CBP owned 10 drones. In December 2011, the CBP made headlines when reporters discovered that the agency's drones were being used to assist local law enforcement in North Dakota without receiving prior approval from the FAA or any other agency. Some reports indicate that this is a general practice.

Technical Capabilities

Surveillance drones are equipped with sophisticated imaging technology that provides the ability to obtain detailed photographs of terrain, people, homes, and even small objects.

Gigapixel cameras used to outfit drones are among the highest definition cameras available, and can "provide real-time video streams at a rate of 10 frames a second." On some drones, operators can track up to 65 different targets across a distance of 65 square miles. Drones may also carry infrared cameras, heat sensors, GPS, sensors that detect movement, and automated license plate readers. In the near future these cameras may include facial recognition technology that would make it possible to remotely identify individuals in parks, schools, and at political gatherings.

Drones present a unique threat to privacy. Drones are designed to undertake constant, persistent surveillance to a degree that former methods of video surveillance were unable to achieve. "By virtue of their design, their size, and how high they can fly, [drones] can operate undetected in urban and rural environments."

The increased use of drones poses an ongoing threat to every person residing within the United States. Companies are developing "paparazzi drones" in order to follow and photograph celebrities. Private detectives are starting to use drones to track their targets. Google, inc. has deployed street-level drones in other countries to supplement the images of Street View. Criminals and others may use drones for purposes of stalking and harassment.

The consequences of increased government surveillance through the use of drones are even more troubling. The ability to link facial recognition capabilities on drone cameras to the FBI's Next Generation Identification database or DHS' IDENT database, two of the largest collections of biometric data in the world, increases the First Amendment risks for would-be political dissidents. In addition, the use of drones implicates significant Fourth Amendment interests and well established common law privacy rights. With special capabilities and enhanced equipment, drones are able to conduct far-more detailed surveillance, obtaining high-resolution picture and video, peering inside high-level windows, and through solid barriers, such as fences, trees, and even walls.

Privacy Issues

The US Supreme Court has held that individuals do not generally have Fourth Amendment rights with respect to aerial surveillance because of the ability that anyone might have to observe what could be viewed from the air. Of course, individuals do not operate drone vehicles with the capabilities of the US government. Also, some state courts have reached different conclusions about the privacy issues associated with aerial surveillance.

In other cases where advanced technologies have allowed increasingly intrusive Government surveillance, courts have adjusted Fourth Amendment doctrine to account for the effect of technological change on the reasonable expectation of privacy. In 2001, the Supreme Court ruled in Kyllo v. US that the use of a device that is not in "general public use" is a search even if it does not physically invade the home. In 2010, the D.C. Circuit Court required the Department of Homeland Security to undertake a new APA rulemaking when the Agency sought to implement Whole Body Imaging technology in the place of metal detectors as primary screening tools at U.S. airports. In 2012, the Supreme Court ruled in US v. Jones that the attachment of a GPS device to a car with the intent of gathering information was a "search" under the Fourth Amendment. The Jones decision marks a significant change from the previous doctrine, based on US v. Knotts, that an individual has no reasonable expectation of privacy in their location on public roads.

Drone surveillance also implicates public safety issues as the drones operate in airspace that may also be used by commercial and private aircraft. For this reason, federal agencies should regulate and control the proliferation of drone surveillance.

The House of Representatives approved an amendment to the National Defense Authorization Act of 2013 to prohibit information collected by Department of Defense drones without a warrant from being used as evidence in court. In June 2012, identical bills were introduced in the House and the Senate to require a warrant before drones could be used for most instances of criminal surveillance. Other bills also discuss the use of drones in the United States.

EPIC's Interest

EPIC has a long history defending against intrusive surveillance programs.

In 2008, EPIC launched Observing Surveillance, a project that documented the surge in the number of video cameras placed in DC's public spaces. EPIC's Executive Director, Marc Rotenberg, appeared before the DC City Council to support efforts to suspend an expensive and invasive system of 5,200 surveillance cameras in the nation's capitol. In 2011, EPIC fought to attract attention to the FAST Project, DHS' public testing of a new sensor array used to conduct covert surveillance of individuals who are not suspected of any crime. Additionally, EPIC works to protect location privacy against government monitoring in many ways, including filing a "friend of the court" brief in U.S. v. Jones, urging the Court to find warrantless GPS tracking device by the police unconstitutional.

In 2005, EPIC first publicized the impact that drones have on Privacy, specifically in the area of border surveillance. EPIC explained, "the use of UAVs gives the federal government a new capability to monitor citizens clandestinely, while the effectiveness of the expensive, crash-prone surveillance planes in border patrol operations has not been proved."

On February 24, 2012, EPIC, joined by over 100 organizations, experts, and members of the public, submitted a petition to the FAA requesting a notice and comment rulemaking under the Administrative Procedure Act on the privacy impact of drones. The petition pointed out that the FAA Modernization and Reform Act of 2012 (signed on February 14, 2012) provides an opportunity for the Agency to address the privacy questions raised by drone usage. On July 13, 2012, EPIC's Amie Stepanovich testified in front of the House Subcommittee on Oversight, Investigations, and Management, stating "there are substantial legal and constitutional issues involved in the deployment of aerial drones by federal agencies that need to be addressed."